Milind S/o Ashruba Dhanve and Ors. vs The State of Maharashtra

Held: For an offender, the punishments may include the death, imprisonment for life, imprisonment, forfeiture of property, fine and community service in terms of the recent addition in BNS – Since ss.3 and 4 govern acts committed by an offender in relation to the specific punishments prescribed under the IPC, BNS and any other law, these provisions must naturally extend to sentences including fine – Therefore, any reference to ‘punishment’ in 1958 Act has to be construed as per enumeration contained in s.53 of IPC and s.4 of BNS and should undoubtedly include ‘fine’ as well – Plea of the State that s.4 of 1958 Act is inapplicable in case sentence consist solely of a fine, is devoid of merit – Benefit of s.4 is available to an offender who has been sentenced only to payment of fine – Furthermore, the expression ‘release’ used in s.4 cannot mean release only from custody – It has to be read as releasing from the obligation to serve sentence of payment of fine – Therefore, ‘release’ as contained in s.4 of 1958 Act should be read as to set the offender at liberty from receiving sentence, even of fine only – Appellants were convicted u/s.323 and 324 of IPC and the allegations as proved relate to assault upon the persons belonging to same locality – They were sentenced to pay a fine of only Rs. 500/- u/s.323 and Rs. 2000/- u/s.324 of IPC, no imprisonment was awarded – There is no subsequent or prior involvement of the Appellants in commission of any offence, only present criminal case has been registered against them – They are employed with State Government – Appellants have not committed an offence involving moral turpitude – Benefit of s.3 and s.4 extended to the Appellants – Code of Criminal Procedure, 1973 – s.360. [Paras 24-26, 40-43]

Probation of Offenders Act, 1958 – ss.3, 4, 12 – Power of court to release certain offenders after admonition – Power of court to release certain offenders on probation of good conduct – Removal of disqualification attaching to conviction: Held: Once the benefit either u/s.3 or s. 4 has been granted to an offender, it would entail the benefit of removal of disqualification, if any, attaching to the conviction – Thus, in case a person has been released after admonition u/s.3 or on probation of good conduct u/s.4, they shall not face a disqualification attaching to such conviction – In the present case, since all the Appellants have been extended the benefit u/ss.3 and 4, they shall not incur any disqualification affecting their service career, if any, arising out of the conviction, in terms of s.12. [Paras 18, 19] Interpretation of Statutes – Probation of Offenders Act, 1958 – A beneficial legislation, to be interpreted in a purposive manner: Held: 1958 Act is a beneficial legislation, therefore, keeping the legislative intent in mind, its provisions ought to be interpreted in a purposive manner – If two or more views are possible vis-à-vis interpretation of a beneficial legislation, it must be interpreted in favour of beneficiaries – Object and purpose of the 1958 Act, discussed. [Paras 11, 13]

Probation of Offenders Act, 1958 – ss.3, 4 – Power of court to release certain offenders after admonition or on probation of good conduct – Relevant factors to be taken into consideration while passing orders u/ss.3 and 4. [Paras 36, 39] Probation of Offenders Act, 1958 – ss.3, 4 – Code of Criminal Procedure, 1973 – s.360 – Power of court to release certain offenders after admonition – Power of court to release certain offenders on probation of good conduct – Order to release on probation of good conduct or after admonition – Different framework of s.360, CrPC vis-à-vis ss.3,4, 1958 Act as regards the scope and structure, discussed. [Paras 28, 29, 33] Probation of Offenders Act, 1958 – ss.3, 4 – Benefit of, when available to an offender, stated. [Paras 14-19] Words and Phrases – Expression ‘release’ in s.4, Probation of Offenders Act, 1958 – Meaning. [Para 26]